PUC Warns: BTL Can’t Sign Before Approval

So just how far can BTL go with this proposed merger before crossing the line? According to Legal Counsel Stacy Grinage, the Telecommunications Act would be violated if any agreement is signed before PUC approval is granted. And as the commission waits on a revised application, why isn’t it weighing in on the public reaction so far? Here’s what Grinage had to say.

 

Stacy Grinage, Internal Legal Counsel, PUC

“The act specifically speaks about agreements that are made between license holders with the aim of anti-competitive practices and that is prohibited by the act. So that would be in violation of the act if that is done. But also, the PUC, where we suspect or think there may be, the act empowers us to act and make regulations to ensure compliance and reporting and if we detect that is happening we are empowered to act.”

 

Reporter

“So BTL cannot sign an agreement to buy out the shares of Speednet without the PUC first approving that.”

 

Stacy Grinage

“The PUC’s approval is required.”

 

Reporter

“But they can make a board decision to say that is the direction we are going to go and they wont be in violation.”

 

Stacy Grinage

“Well I can’t speak to the action of BTL’s board, only to the remit of the PUC. One would argue that these discussions and developments are happening in real time. Why is it that the PUC is not on the ball where these amendments and developments are concerned and reliant on public discourse to get ahead and make public determinations. Well we await the parties to make their submissions before us and then we make our determination.”

 

So for now, the PUC says any binding agreement without its approval would break the law, and until a revised application is formally submitted, the commission will stay on the sidelines of the public debate.